Port Orange, FL asked in Real Estate Law for Florida

Q: Hello I have a situation where I had lived with my grandmother and had joint tenancy with right of survivorship

She passed and the will says it goes to her daughter who does not live here anymore does the will over right the ownership I had

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Your joint tenancy with right of survivorship means that the instant grandma passed, you became the sole owner of the house. The house is not an asset that can be devised to her daughter because she didn't own the home free and clear by herself when she died. It's the same as if she left you a million bucks in her Will. If

she only had $100 in her bank account and someone else was on the account with her as a co-owner with the right of survivorship, that other person was $100 richer when grandma passed and the bank account would never be an estate asset.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: The deed takes precedence over the will.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: The Deed is what matters in this and most all instances, this is not to say if the daughter is motivated that she could not try to fight this based on circumstances, but the law is clear, the deed matters and you take the property based on the Deed and the property does not pass according to the Will.

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